OCA CIRCULAR NO. 130-2006, August 29, 2006
OCA CIRCULAR NO. 130-2006, August 29, 2006
| TO: |
ALL EXECUTIVE/PRESIDING JUDGES
AND CLERKS OF COURTS /ACCOUNTABLE OFFICERS/ BRANCH CLERKS OF COURT, OFFICER-IN-CHARGE OF THE FIRST AND SECOND LEVEL COURTS |
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SUBJECT:
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COLLECTION AND PAYMENT OF MOTION FOR POSTPONEMENT |
This Office has been receiving queries on the payment of motion
for postponement which has been perceived by some party litigants and
lawyers as one of those suspended in a Resolution issued by the Court En Bane dated September 21, 2004 in A.M. No. 04-2-04-SC.
Considering that motion for postponement is not a new item and had
been previously implemented under amended Rule 141 of the Rules of
Court by virtue of A.M. No. 99-8-01-SC dated September 14, 1999 and A.M.
No. 00-2-01-SC dated February 1, 2000, the collection and payment of
the same is still enforceable.
Only the new rates prescribed in the Amended Rule 141 of the Rules
of Court (A.M. No. 04-2-04-SC) which became effective on August 16,
2004 has been suspended and the old rate prescribed and clarified in
Circular No 57-2000 dated September 5, 2000 shall prevail which is
quoted in part:
xxx
“That for the first postponement, the fee to be collected is one
hundred pesos (PI 00.00); one hundred fifty pesos (P150.00) for the
second postponement; two hundred pesos (P200.00) for the third; two
hundred fifty pesos (P250.00) for the fourth, and so forth.”xxx
Any uncollected amounts of motion for postponements shall be
deemed lien on the judgment and shall be payable to the Court concerned.
For Strict compliance.
August 29, 2006.
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CHRISTOPER O. LOCK
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Court
Administrator |